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Madras High CourtWP/32619/2002dismissed as infructuous

R.Balasubramnian v. Union Of India

2018-04-18Honourable Dr. Justice S. Vimala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2018

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA W.P.Nos.32619 and 32620 of 2002

1. R.Balasubramanian

2. Amudha Premnath

3. R.Ravikumar

4. V.Muthukumar ... Petitioners versus

1. Union of India, Rep. by the Secretary, Banking Division, Ministry of Finance, New Delhi - 110 001.

2. The Chief Officer, Reserve Bank of India, Central Office, Shahid Bhagat Singh Marg, Mumbai - 400 001.

3. The Chairman & Managing Director, Bank of Maharashtra, Central Office, 1501, Shivajinagar, Pune - 411 005.

4. M.P.Kale Designated Officer, General Manager, Recovery and Rehabilitation Department, Bank of Maharashtra, Central Office, 1501, Shivajinagar, Pune - 411 005.

5. Bank of Maharashtra Officer's Organization, 5, Kasthuri, Shaniwar Peth, Pune - 411 030.

6. Bank of Maharashtra Officer's Association, Jiva Devshi Nivas, Ranade Road, Dadar, Mumbai.

7. Bank of Maharashtra Adhikari Sena 45/47, Mahabank Building, Bombay Samachar Marg, Fort, Bombay - 400 023.

8. Bank of Maharashtra Officers Congress, C/o. Information Facilitation Centre, 1501, Lok Mangal, Shivaji Nagar, Pune - 411 005.

... Respondents Prayer in W.P.No.32619 of 2002: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of writ of declaration, declaring that the impugned Nationalized Banks (Management and Miscellaneous Provisions) (Second Amendment) Scheme 2000, S.O.934 (E) published in the Gazette of India, Extraordinary, in Par-II-Sec (11) dated 17.10.2000 is illegal and violative of Article 14 and Article 19

(1) (c) of the Constitution of India.

Prayer in W.P.No.32620 of 2002: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of writ of mandamus, to direct the 3rd and 4th respondents to forbear from continuing with the verification of membership strength of the officers organizations, contrary to the provisions of the Nationalized Banks (Management and Miscellaneous Provisions) (Second Amendment) Scheme 2000, S.O.934 (E) published in the Gazettee of India, Extraordinary, in Par-II-Sec (11) dated 17.10.2000.

For Petitioners:

Mr.C.R.Chandrasekaran, for M/s.Aiyar & Dolia For R1 :

Mr.S.Madanagopal Rao For R2 to R3 & R4 and R6 :

No appearance For R5 :

Mr.Sampath Kumar & Associates COMMON ORDER This writ petition challenges the impugned Nationalized Banks (Management and Miscellaneous Provisions) (Second Amendment) Scheme 2000, S.O.934 (E) published in the Gazette of India, Extraordinary, in Par-II-Sec(11) dated 17.10.2000 as illegal and violative of Article 14 and Article 19(1)(c) of the Constitution of India.

2. Having regard to the nature of the relief sought for and the long pendency without any prosecution of the matter, the inference is that, the relief sought for in this writ petition would have become infructuous.

3. However, the learned counsel appearing for the petitioner submits that there is no instruction from the petitioner and therefore, he seeks further time to get instructions.

4. But, having regard to the nature of the relief sought for, the writ petition is dismissed as infructuous, with liberty to revive, if there is any grievance for the petitioner. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ogy To

1. The Secretary, Banking Division, Ministry of Finance, New Delhi - 110 001.

2. The Chief Officer, Reserve Bank of India, Central Office, Shahid Bhagat Singh Marg, Mumbai - 400 001.

3. The Chairman & Managing Director, Bank of Maharashtra, Central Office, 1501, Shivajinagar, Pune - 411 005.

4. Bank of Maharashtra Officer's Organization, 5, Kasthuri, Shaniwar Peth, Pune - 411 030.

5. Bank of Maharashtra Officer's Association, Jiva Devshi Nivas, Ranade Road, Dadar, Mumbai.

6. Bank of Maharashtra Adhikari Sena 45/47, Mahabank Building, Bombay Samachar Marg, Fort, Bombay - 400 023.

7. Bank of Maharashtra Officers Congress, C/o. Information Facilitation Centre, 1501, Lok Mangal, Shivaji Nagar, Pune - 411 005.

+1cc to M/s.Aiyar & Dolia, Advocate sr.no.29719 +1cc to Mr.S.Madanagopal Rao, Advocate sr.no.28787 +1cc to Mr.Sampath Kumar & Associates, Advocate sr.no.28788 W.P.Nos.32619 and 32620 of 2002 nr 02/08/2018